Washington V. Hortman
Division One Court of Appeals of Washington
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KENNEDY, J. -- The State of Washington appeals the trial court's imposition of an exceptional sentence below the standard range, contending that the trial court erred in applying the rationale of State v. Sanchez, 69 Wash. App. 255, 848 P.2d 208, review denied, 122 Wash. 2d 1007, 859 P.2d 604 (1993). The State asks this court to reject Sanchez, arguing that the decision is legally unsound, that it allows trial courts to dictate police investigatory procedures which do not amount to misconduct and do not violate due process, and that it impermissibly allows trial courts to restrict prosecutorial discretion. We find Sanchez to be legally and jurisprudentially sound. The proper exercise of judicial discretion as contemplated by the Sentencing Reform Act (SRA) neither dictates police investigatory procedures nor restricts prosecutorial discretion. There being no error in the trial court's application of Sanchez in sentencing Mr. Hortman, we affirm.